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Oregon Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord is evicting me, I'm about to file a suit. They are selling the property, can they sell it while being sued?

It is a mobile park. I just want to know if a rental owner can sell the property while in litigation.

Gregory L Abbott
Gregory L Abbott
answered on Jan 15, 2018

Unless your lawsuit alleges you have an ownership interest in the Title to the property, absolutely they can sell the property - why wouldn't they? Even if you sue alleging an interest in the Title to the property, they can still sell but it might slow a potential buyer a bit IF you appeared... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord rescind a rent increase in order to avoid having to pay renters relocation assistance?

I informed him, in writing, my intent to terminate notice, 2 days after receiving our 2nd rent increase in 10 months, totalling 16%. He then sent me a text, saying the increase had been rescinded. Also, in the 2 years I've lived here, I've always paid rent around the 20th of every month.... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 15, 2018

Yes, I know of no reason a landlord cannot rescind a rent increase notice (though I am unclear why you believe relocation assistance applies if you are in Gresham rather than within the Portland city limits). IF your lease says rent is due on the 1st of the month, your landlord likely is within... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: My tenant has signed a month to month lease but moved in two other tenants who pay him rent they have no lease with me.

I want to sell can i evict all of them with a no cause eviction? In portland its 90 day notice

Gregory L Abbott
Gregory L Abbott
answered on Jan 11, 2018

Assuming your rental is in Oregon, much depends upon the exact language of your lease. Yes, it is likely (but not guaranteed without a complete review of the lease and all the surrounding facts) that you can terminate all occupants tenancy with a 90 day no cause notice (are you exempt from paying... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If a landlord agrees to pay u to fix things can u deduct the amount from rent
Gregory L Abbott
Gregory L Abbott
answered on Jan 10, 2018

Generally yes but the very fact that you are asking suggests that there is some disagreement with the landlord re if/how much you are owed. If that is accurate, then deducting it from the rent risks getting you evicted if a court ever finds that you not entitled to the entire amount you deducted.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How does my friend get her adult sibling to leave her home with no written tenancy or lease agreement in place?

My friend's adult brother, who intended to stay only a couple of months, is still living with his sister years later in a home she is the sole owner of. He pays an agreed-upon rent. Unfortunately their relationship has soured and she wants him to leave. She has asked him to leave numerous... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 9, 2018

If he pays rent (or has agreed to/is supposed to), there is likely a landlord-tenant relationship between them and regardless of being siblings, your friend simply has to treat him as any other tenant. In general that means providing proper written notice, lawfully served, of the tenancy being... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do I have to pay rent through the 90 day eviction notice or can I move out early without charge for the last months rent
Gregory L Abbott
Gregory L Abbott
answered on Jan 9, 2018

If you have received a 90 Day No Cause Termination of Tenancy Notice, you must be on a month to month tenancy. As such, you are free to move out anytime with providing at least 30 days prior written notice to the landlord. So the landlord has told you to be out on day 90. You need to be gone on... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Does a change in property management give me a way out of my lease without early termination penalty?

I am a tenant and after 3.5 years living in the same apartment received notice that the property management company that I signed a lease with has decided to no longer manage the property where I live. There notice states that a new management company will be taking over the management of the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 9, 2018

No, your lease is with the owner, just managed by the property manager.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We gave our landlord a 90-day notice that we were breaking our lease (no specified lease-break fee).

Now, 14 days before move-out, he says we are on the hook for rent until he finds new tenant. But for 2 1/2 months he has not advertised/tried to find new tenant, nor did he mention this the entire time even though we gave him official notice and he acknowledged it. Do we really owe him 7 months... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 9, 2018

Likely yes though the only way to really know is to thoroughly review the lease and notice. IF you are on a fixed term lease, it was nice of you to provide notice but doing so does nothing to change your legal liability. You contracted to occupy and pay rent through the end of the contractual... View More

1 Answer | Asked in Small Claims and Landlord - Tenant for Oregon on
Q: How do I go about taking court action for being locked out of the double wide me and my girlfriend rented a room in.

The guy we rented from did not get park approval and so got a thirty day eviction notice. We had him sign a rental agreement but he won't return our deposit and he never said anything about us moving out we started packing anyways but upon asking him about us getting our deposit back when we... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 7, 2018

It does sound as if you may have a variety of claims against your ex-landlord. You may wish to review everything with a local landlord-tenant attorney to determine exactly how much and how to best go about filing suit. Even if you get a Judgment against him though, you may still have a problem... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My bathtub backed up with sewage and he said he wouldn't fix it till the next day

I told him I was going to get a plumber and he told me not too that I would have to pay for it then I said I was going to call the cops and he finally called a plumber

Gregory L Abbott
Gregory L Abbott
answered on Jan 7, 2018

Is there a question here? Nothing posted here suggests to me any unlawful behavior by the landlord.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are my rights in this odd situation.

My employer moved me into a house to manage a business for them out of it. I’ve lived here for 2 years with my children and have never paid rent nor do I have a rental agreement. Now the business is closed and he’s telling me I have less than a month to move out and he already had new tenants.... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 6, 2018

Assuming you are in Oregon, if housing is provided as part of your job, landlord-tenant laws do not apply. You are required to be given written notice before being able to be evicted BUT only 24 hours written notice is required. So you appear to be given more notice than legally required, even if... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Do the following incidents constitute cause (intentional dangerous behavior?) for a 24hour eviction ?

I own and live in my home in SE Portland. I rent 2 rooms to a couple who signed a 6 mo lease 12/9/2017.

On the evening of 12/25/17, I heard loud "bumping" sounds above me from the rooms they rent. It sounded as though they were wrestling and falling to the ground. Moments later I... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 5, 2018

IF you are within the city limits of Portland, you can serve a 90 day no cause termination of tenancy notice on one or both. His verbal 30 day notice is unenforceable unless he puts it in writing. As to grounds for a for cause termination of tenancy, you may have grounds to issue a 30 day for... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If my landlord gave mom a 60-day no-cause eviction, then accepted her on time rent payment, does that void it?

My mom was supposed to be out by the 1st of January (no-cause). Court date was set for the 16th of January since she didn't move. Today he accepted her on time rent payment (it was due by the 5th). Does he still have the right to evict her or does it start the process over?

Gregory L Abbott
Gregory L Abbott
answered on Jan 5, 2018

If a landlord accepts rent for time past the landlord's termination notice effective date, then they likely have waived their right to evict based on that notice. A potential fly in the ointment here appears to be that the landlord can return the funds within 10 days of receiving them and not... View More

1 Answer | Asked in Domestic Violence, Landlord - Tenant and Criminal Law for Oregon on
Q: I've threats from a man of death and bodily harm. The man has extensive history of beating women. What do I do?

My neighbor's boyfriend has beaten her repeatedly. I've called the police, which has resulted in his arrest. He has now threatened to kill me. I've never been scared of anyone, but he has visibly changed, his demeanor towards me has become more threatening to my kids and myself. My... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 4, 2018

Well first, given this fact pattern, if anything happens to you the police are already likely to be highly suspicious of him. Small comfort to you though. You should ask the Deputy District Attorney prosecuting this creep to immediately have a restraining order entered to protect you. Once in... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am month to month lease with 3 roomates, can the Landlord end the lease with 2 of the roomates and keep me?

Or can the landlord terminate the lease with all 4 of us, then just re rent to me?

Gregory L Abbott
Gregory L Abbott
answered on Jan 4, 2018

If you all signed the same lease agreement, then if it ends for any of you, it ends for all of you. You and the landlord are, of course, entitled to enter into any new agreement you wish. If you each had separate written agreements with the landlord, then ending with one likely does not affect or... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I have a month to month tenants now in the 2nd year. How many days notice do i need to give for a rent increase?

They have always been on a month to month rent.

The rental is in Eugene Oregon.

I have read 30 days, 60 days and 90 days...all on the internet and all on legal help pages.

It seems like Portland has the 90 day law, but i am not sure this applies to Eugene Oregon.

Gregory L Abbott
Gregory L Abbott
answered on Jan 3, 2018

No rent increase allowed in first 12 months; after that a minimum of 90 days written notice is required State-wide now.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Our landlord gave us less than 30 days notice to renew or terminate our lease in Portland, OR. Is there anything to do?

We live in an apartment and were given 10 days to sign to renew our lease or provide 30 days notice of termination of the lease. While we have been looking for new places in our price range for months, we only just got an offer that is larger for less today, the day that the renewal was signed. To... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 2, 2018

I am not understanding your position. If you are on a fixed-term lease, it normally specifies what happens when it expires. Some require X days prior notice from either party or it automatically renews. Some automatically convert to month to month tenancies. Still others are silent, meaning... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Hello, I'm currently leasing a house in Beaverton and it's through a property management company.

My lease is up in May and I'm wondering about how much legal notice (30, 60, 90 days) would they need to give me if they're going to renew my lease (with an increase) after my lease is up or if they'll decide to do a month to month or if they decide on neither and want me out. Thank you.

Gregory L Abbott
Gregory L Abbott
answered on Jan 2, 2018

Much depends upon the exact terms contained in your lease. Most term leases (and all good fixed-term leases) contain provisions referring to what happens upon termination. They may automatically renew for another term unless one party notifies the other that they do not wish to renew the lease,... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in Oregon, and just ended a fixed-term lease. Does the landlord need to give 90 days notice for a rent increase?

I have been living in my current house for 1 year. The 5 of us living in the house signed a fixed term lease 6 months ago with our landlord that expired today. We have not received a new lease. The landlord called and said she is going to increase the total rent of the house by 200 dollars. I know... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 1, 2018

Your fixed term lease normally specifies what happens when it expires. It can just expire with the tenant being subject to immediate eviction if they are not out by the last day of the lease; it can automatically renew unless one party notifies the other party otherwise; it can automatically... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord forward-emails for estimates for works/ repairs is to be deducted from my security deposit?

She has till 12/31 to give us her receipts, write up, repairs, and refund. Would and email suffice?

Gregory L Abbott
Gregory L Abbott
answered on Dec 29, 2017

Certainly she can email you most anything she wants - but it will not legally fulfill her duty to either refund or provide you with a written accounting for what she is keeping from your security deposit. Understand she is not required to provide receipts or even to actually repair any alleged

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